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THE NEW YORK
BAR FOUNDATION

Financial Penalties & Victims' Rights in White Collar Cases

Wednesday, November 4, 2009

- Location -
New York Marriott Marquis
1535 Broadway
7th Floor
New York, NY
(212) 398-1900

Evening CLE Program

Wednesday, November 4, 2009

6:00 p.m. – 9:00 p.m.

3.0 MCLE Credits

Sponsored by the Commercial and Federal Litigation Section’s Committee on White Collar Criminal Litigation and the Committee on Continuing Legal Education of the New York State Bar Association

PROGRAM AGENDA

5:30 p.m. Registration (outside of the meeting room)

6:00 p.m. Introductions and Overview

Part I - Asset Forfeiture

6:10-6:40 What Is Asset Forfeiture?

-- Criminal vs. civil vs. administrative

-- How do prosecutors choose criminal vs. civil?

-- What are the defendants’ rights in each type of proceeding?

6:40-7:10 Litigating Asset Forfeiture Issues

-- Pretrial restraint of assets and legal fees, including getting restrained funds unfrozen to pay for attorney’s fees

-- Role of advocacy in asset forfeiture proceedings

-- Plea negotiations and guilty pleas

-- Trial of forfeiture counts

-- Enforcement of forfeiture orders

7:10-7:15 Break

Part II - Restitution

7:15-7:45 What Is Restitution?

-- Mandatory vs. discretionary restitution.

-- What property is subject to restitution?

-- Interplay between restitution and asset forfeiture, including
the DOJ remission program (to avoid possible double payment)

-- Interplay between restitution and criminal fines

7:45-8:15 Litigating Restitution Issues

-- Procedures for determining restitution.

-- When should a defense attorney recommend contesting restitution?

-- Representing victims in restitution proceedings.

-- The role of the Probation Office.

8:15-8:20 Break

Part III- Victims’ Rights

8:20-9:00 The Crime Victims’ Rights Act of 2004

-- What are a crime victim’s rights under the statute?

-- What are the key considerations in representing victims?

-- How has the statute changed the representation of defendants (if at all)?

FACULTY

Speakers:

Hon. Richard J. Sullivan
United States District Court, Southern District of New York

Hon. James Orenstein
United States District Court, Eastern District of New York

Elaine D. Banar
Vice President, Global Sanctions, American Express Company

Sharon Cohen Levin
Chief of Asset Forfeiture Unit, Criminal Division
United States Attorney's Office, Southern District of New York

Daniel S. Ruzamna, Esq.
Patterson Belknap Webb & Tyler LLP

Linda Imes
Spears & Imes LLP

Kathleen Nandan
Chief of Asset Forfeiture Unit, Civil Division
United States Attorney's Office, Eastern District of New York

Program Chair:

Harry Sandick, Esq.
Schulte Roth & Zabel LLP
New York City

Subcommittee on Sentencing: David C. Esseks, Allen & Overy LLP; Gabrielle S. Friedman, Lankler Siffert & Wohl LLP; Joshua R. Geller, Hafetz & Necheles; Matthew L. Levine, Fish & Richardson LLP; Mary Mulligan, Friedman & Kaplan LLP; Alexandra A.E. Shapiro, Macht, Shapiro, Arato & Isserles LLP.

Committee Co-Chairs: Evan T. Barr, Steptoe & Johnson LLP and Joanna C. Hendon, Morgan Lewis & Bockius

Financial Penalties and Victim’s Rights
in White Collar Cases

Evening CLE Program

Wednesday, November 4, 2009
6:00 p.m. – 9:00 p.m.

New YorkMarriott Marquis
1535 Broadway (b/w 45^th and 46^th)
7th Floor
New York, NY

The last day to pre-register online was November 3, 2009.

Members, please login to get member discounts.

Pricing Information for Member


Seminar

NYC-Financial Penalties & Victims' Rights in White Collar Ca	$110.00

Pricing Information for Non Member


Seminar

NYC-Financial Penalties & Victims' Rights in White Collar Ca	$190.00

Pricing Information for Student


Seminar

NYC-Financial Penalties & Victims' Rights in White Collar Ca	$50.00